The three topics on the Swiss ballot on November 28, 2021
To the people the choices on the March 19, 2021 amendment of the COVID-19 Act, selection of federal judges and on the so-called “strong” nursing care
On November 28, 2021, Swiss citizens will vote on three issues on the ballot: the March 19, 2021 amendment of the COVID-19 Act, selection of federal court judges, and so-called “strong” nursing care.
Amendment of March 19, 2021 of the COVID-19 Act
The COVID-19 pandemic forced the Federal Council to take swift and widespread action to protect individuals and businesses. For this reason, the government initially had to resort in part to the right of necessity. Since September 2020, when Parliament adopted it, the COVID-19 Act has laid out the additional measures that the Federal Council must implement to address the pandemic and limit economic damage. In response to the evolving crisis, the law has been amended several times.
Following a referendum, the People approved the law with 60 percent of the vote on June 13,2021. On November 28 a part of the law will be submitted again to a vote of the People, another referendum having been requested. These are specifically the adjustments decided by the Parliament in March 2021.
With the legislative change in March 2021, Parliament extended financial aid to those who had received too little or no support. The contact tracing system was further developed in order to interrupt chains of infection, and it was determined that the federal government would promote COVID-19 testing and cover its costs. In addition, Parliament established the legal basis for the COVID certificate it had requested to be issued to people who had been cured, vaccinated, or tested negative, in order to facilitate travel abroad and allow certain events to take place.
The question that appears on the form
“Do you wish to accept the March 19, 2021 amendment to the Federal Act on the Legal Basis of Federal Council Orders to Address the COVID-19 Outbreak (COVID-19 Act) (Hardship Cases, Unemployment Insurance, Complementary Family Child Care, Cultural Workers, Events)?”
Yes: Recommendation of the Federal Council and Parliament.
The COVID-19 Act, which has been amended several times, provides better protection for individuals and businesses. The March 2021 adjustments extend important economic assistance and ensure continuity of support. COVID certificate simplifies foreign travel and allows certain events to take place.
No: Recommendation of the referendum committees
For the committees, the March 2021 amendment is unnecessary and excessive. In their view, current laws are sufficient to protect against coronavirus and other diseases. In addition, the change in the law would create a fracture of Switzerland and result in mass surveillance of all citizens.
Justice Initiative
Currently, federal judges are elected every six years by parliament. Parliament ensures that the political forces are equally represented (proportional party representation). For the initiators of the initiative, this election procedure undermines the independence of the judges. They also criticise the fact that anyone who is not a member of a party has no chance of being elected.
The justice initiative seeks to introduce a new election procedure whereby judges of the Federal Supreme Court would be appointed by drawing lots. Admission to the draw would be decided by an expert commission. Only candidates who are considered professionally and personally suitable for judgeships would be able to take part in the draw. In addition, a fair representation of the official languages in the Federal Supreme Court should be guaranteed.
Federal judges would be able to remain in office for up to five years after reaching regular retirement age. In contrast to today, they would no longer have to undergo a re-election procedure. Parliament would still be able to remove a judge from office in the event of a serious breach of his or her official duties or a lasting loss of the ability to perform his or her duties.
The question on the ballot
“Do you wish to accept the popular initiative “For the appointment of federal judges by drawing lots (Justice Initiative)”?”
No: Recommendation of the Federal Council and Parliament
The Federal Council and Parliament consider that the drawing of lots for the appointment of federal judges is inappropriate because it is based on chance and not on a democratic election. Furthermore, there is no evidence to cast doubt on the independence of federal judges. The current system has proven its worth.
Yes: Recommendation of the initiative committee
According to the committee, it is now very difficult for federal judges to make independent decisions because they are threatened with non-re-election. Moreover, candidates without a party have no chance of being elected. The initiative on justice intends to correct these drifts.
Nursing Care Initiative
The field of nursing is facing great challenges due to an aging population. In order to preserve its quality, more nurses must be trained to stay in the profession longer.
The initiators of the initiative demand that the federal government and the cantons promote nursing care. The initiative requires that there be enough registered nurses and that nursing professionals be employed in accordance with their education and skills. According to the initiative, the federal government must also regulate working conditions in the industry and ensure adequate remuneration. It is also proposed that nurses should be able to bill certain services directly to health insurance companies.
The Federal Council and Parliament consider the demands of the initiative to be excessive and oppose an indirect counter-proposal. The counter-proposal envisages allocating up to one billion Swiss francs over an eight-year period to promote training and continuing education. It also stipulates that nurses may bill directly for certain services, but introduces a control mechanism to prevent an increase in health care costs and health insurance premiums. The counter-proposal comes into effect if the initiative is rejected and provided a referendum is not called.
The question on the ballot
“Do you want to accept the popular initiative “For Strong Nursing Care (Nursing Care Initiative)”?”
No: Recommendation of the Federal Council and Parliament
The Federal Council and Parliament want to strengthen the nursing care sector, but in their view the initiative goes beyond what is necessary, especially in requiring the federal government to regulate working conditions in the sector. Their counter-proposal ensures that more nurses will be trained and given more competencies in the short term without increasing costs and premiums.
Yes: recommendation of the initiative committee
According to the committee, the nursing shortage has long been a reality. Too few people undergo nursing education and too many leave the profession exhausted after a few years. In its opinion, Parliament’s indirect counter-proposal is insufficient because it does not provide for measures to ensure that nurses stay in the profession longer.